Res 2004-214 - Laserfiche WebLink

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1---- I I I d) . . occumng agam; Bear all costs associated with a, b and c above provided that the City has operated the equipment within the operating guidelines as outlined in the Operations and Maintenance (O&M) manual. If the City has not operated the equipment with the O&M guidelines, the City will be responsible for the Contractor's repair costs directly associated with failure; Pay to the City liquidated damages in the amount of $500.00 for each calendar day, after the initial three day correction phase allowed in subsection a),on which the failure occurred; the City and the Contractor acknowledge and agree that this amount is not intended as a penaIty, but as a reasonable estimate of the damages to the public resuIting from any failure to comply, since the actual amount of damages will be difficuIt if not impossible to ascertain; and Payor reimburse the City for any resuIting fines, damages, penalties, or other charges related to the failure. This does not include any consequential damages. e) f) 1.5 FORCE MAJEURE 1.5.1 Both parties understand that the guarantees established in Section 1.4 above do not extend to circumstances beyond the Contractor's reasonable control, including changes in source characteristics as defined in Specification 11065 Part 2.01 of Attachment A, strikes, power surges or failure, fire, governmental action, acts of God, including, without limitation, earthquakes, rain, floods or lightning; acts of civil or military authorities or public enemy; delays of suppliers, subcontractors, power company, local exchange company, or Internet carrier or telecommunications or service provider issues. 1.6 PERFORMANCE AND PAYMENT BONDS The Contractor will: 1.6.1 Upon execution of this Agreement, furnish the City with performance and payment bonds as security for the faithful performance and payment of all of its obligations under the Agreement. These bonds will be executed on the forms included in this Agreement as Attachments B-1 and B-2, in amounts at least equal to the total Project cost, $899,812.61 and with corporate sureties authorized and admitted to write surety bonds in Texas. The Contractor will ensure that the surety holds a certificate of authority from the United States Treasury and has obtained qualified reinsurance for all bond liability in excess of$100,000.00. 1.6.2 The Contractor will substitute another bond and surety within fifteen days of receiving notice from the surety or the City that the surety on a bond has declared bankruptcy, become insolvent or had its right to do business in this state terminated or revoked. Both the new bond and the surety are subject to the City's approval. 1. 7 SCOPE OF SERVICES The Contractor will: 4